sec.100Exceptions to requirement

### sec.100 Exceptions to requirement The seller of a lot is not required to comply with section 99 if— both of the following apply— the buyer of the lot and the seller of the lot are related, or if there is more than 1, all of the buyers and all of the sellers are related; before the buyer of the lot signs the contract for the sale of the lot, the buyer gives the seller of the lot, or if there is more than 1, any of the sellers, a notice waiving compliance with section 99 ; or A seller is selling a lot to a parent and a person who is not related to the seller. The buyer who is the seller’s parent gives the seller a notice waiving compliance with section 99 . The exception under paragraph (a) does not apply in relation to the contract because not all of the buyers are related to the seller. the buyer of the lot is— the State, the Commonwealth or another State; or a local government or a local government, however described, of another State; or a constructing authority under the Acquisition of Land Act 1967 ; or a statutory body; or a listed corporation; or a subsidiary of a listed corporation; or the seller of the lot is the Brisbane City Council or another local government and— the contract gives effect to the exercise of a power under the City of Brisbane Act 2010 or the Local Government Act 2009 to sell land to recover overdue rates or charges; and before the contract for the sale of the lot is signed by the buyer of the lot, the seller gives the buyer, or if there is more than 1, any of the buyers, a notice stating that— the buyer needs to make the buyer’s own enquiries about matters affecting the property; and the seller is not required to comply with section 99 ; or the seller of the lot is the State and— the buyer of the lot was a tenant of the lot for at least 3 years immediately before entering the contract; and before the contract for the sale of the lot is signed by the buyer of the lot, the seller gives the buyer, or if there is more than 1, any of the buyers, a notice stating that— the buyer needs to make the buyer’s own enquiries about matters affecting the property; and the seller is not required to comply with section 99 ; or the seller of the lot and the buyer of the lot are co-owners of the lot and the contract provides for the acquisition by 1 or more co-owners of the whole or part of the interest of another co-owner; or the seller of the lot and the buyer of the lot are owners of adjoining land and the contract provides for the adjustment of a common boundary; or the contract gives effect to— a court order; or an enforcement warrant under the Supreme Court of Queensland Act 1991 ; or a financial agreement or a part VIIIAB financial agreement under the Family Law Act 1975 (Cwlth) ; or the contract gives effect to— the transmission of an interest in the lot, because of the death of an owner of the lot, to the owner’s personal representative; or the transfer or transmission of an interest in the lot, because of the death of an owner of the lot, to a person under the owner’s will, the rules of intestacy or a court order under the Succession Act 1981 , part 4 ; or the contract is for the sale of a lot under the Acquisition of Land Act 1967 , section 41 ; or all of the following apply— the contract for the sale of the lot arises from the exercise of an option for the sale of the lot; the buyer under the contract for the sale of the lot and the option for the sale of the lot are the same; the seller of the lot complied with section 99 in relation to the option for the sale of the lot; or both of the following apply— the sale price under the contract is more than— the amount prescribed by regulation for this subparagraph; or if no amount is prescribed for this subparagraph—$10m including GST; before the contract for the sale of the lot is signed by the buyer of the lot, the buyer gives the seller of the lot, or if there is more than 1, any of the sellers, a notice waiving compliance with section 99 . - (a) both of the following apply— (i) the buyer of the lot and the seller of the lot are related, or if there is more than 1, all of the buyers and all of the sellers are related; (ii) before the buyer of the lot signs the contract for the sale of the lot, the buyer gives the seller of the lot, or if there is more than 1, any of the sellers, a notice waiving compliance with section 99 ; or Example— A seller is selling a lot to a parent and a person who is not related to the seller. The buyer who is the seller’s parent gives the seller a notice waiving compliance with section 99 . The exception under paragraph (a) does not apply in relation to the contract because not all of the buyers are related to the seller. - (i) the buyer of the lot and the seller of the lot are related, or if there is more than 1, all of the buyers and all of the sellers are related; - (ii) before the buyer of the lot signs the contract for the sale of the lot, the buyer gives the seller of the lot, or if there is more than 1, any of the sellers, a notice waiving compliance with section 99 ; or - (b) the buyer of the lot is— (i) the State, the Commonwealth or another State; or (ii) a local government or a local government, however described, of another State; or (iii) a constructing authority under the Acquisition of Land Act 1967 ; or (iv) a statutory body; or (v) a listed corporation; or (vi) a subsidiary of a listed corporation; or - (i) the State, the Commonwealth or another State; or - (ii) a local government or a local government, however described, of another State; or - (iii) a constructing authority under the Acquisition of Land Act 1967 ; or - (iv) a statutory body; or - (v) a listed corporation; or - (vi) a subsidiary of a listed corporation; or - (c) the seller of the lot is the Brisbane City Council or another local government and— (i) the contract gives effect to the exercise of a power under the City of Brisbane Act 2010 or the Local Government Act 2009 to sell land to recover overdue rates or charges; and (ii) before the contract for the sale of the lot is signed by the buyer of the lot, the seller gives the buyer, or if there is more than 1, any of the buyers, a notice stating that— (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and (B) the seller is not required to comply with section 99 ; or - (i) the contract gives effect to the exercise of a power under the City of Brisbane Act 2010 or the Local Government Act 2009 to sell land to recover overdue rates or charges; and - (ii) before the contract for the sale of the lot is signed by the buyer of the lot, the seller gives the buyer, or if there is more than 1, any of the buyers, a notice stating that— (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and (B) the seller is not required to comply with section 99 ; or - (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and - (B) the seller is not required to comply with section 99 ; or - (d) the seller of the lot is the State and— (i) the buyer of the lot was a tenant of the lot for at least 3 years immediately before entering the contract; and (ii) before the contract for the sale of the lot is signed by the buyer of the lot, the seller gives the buyer, or if there is more than 1, any of the buyers, a notice stating that— (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and (B) the seller is not required to comply with section 99 ; or - (i) the buyer of the lot was a tenant of the lot for at least 3 years immediately before entering the contract; and - (ii) before the contract for the sale of the lot is signed by the buyer of the lot, the seller gives the buyer, or if there is more than 1, any of the buyers, a notice stating that— (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and (B) the seller is not required to comply with section 99 ; or - (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and - (B) the seller is not required to comply with section 99 ; or - (e) the seller of the lot and the buyer of the lot are co-owners of the lot and the contract provides for the acquisition by 1 or more co-owners of the whole or part of the interest of another co-owner; or - (f) the seller of the lot and the buyer of the lot are owners of adjoining land and the contract provides for the adjustment of a common boundary; or - (g) the contract gives effect to— (i) a court order; or (ii) an enforcement warrant under the Supreme Court of Queensland Act 1991 ; or (iii) a financial agreement or a part VIIIAB financial agreement under the Family Law Act 1975 (Cwlth) ; or - (i) a court order; or - (ii) an enforcement warrant under the Supreme Court of Queensland Act 1991 ; or - (iii) a financial agreement or a part VIIIAB financial agreement under the Family Law Act 1975 (Cwlth) ; or - (h) the contract gives effect to— (i) the transmission of an interest in the lot, because of the death of an owner of the lot, to the owner’s personal representative; or (ii) the transfer or transmission of an interest in the lot, because of the death of an owner of the lot, to a person under the owner’s will, the rules of intestacy or a court order under the Succession Act 1981 , part 4 ; or - (i) the transmission of an interest in the lot, because of the death of an owner of the lot, to the owner’s personal representative; or - (ii) the transfer or transmission of an interest in the lot, because of the death of an owner of the lot, to a person under the owner’s will, the rules of intestacy or a court order under the Succession Act 1981 , part 4 ; or - (i) the contract is for the sale of a lot under the Acquisition of Land Act 1967 , section 41 ; or - (j) all of the following apply— (i) the contract for the sale of the lot arises from the exercise of an option for the sale of the lot; (ii) the buyer under the contract for the sale of the lot and the option for the sale of the lot are the same; (iii) the seller of the lot complied with section 99 in relation to the option for the sale of the lot; or - (i) the contract for the sale of the lot arises from the exercise of an option for the sale of the lot; - (ii) the buyer under the contract for the sale of the lot and the option for the sale of the lot are the same; - (iii) the seller of the lot complied with section 99 in relation to the option for the sale of the lot; or - (k) both of the following apply— (i) the sale price under the contract is more than— (A) the amount prescribed by regulation for this subparagraph; or (B) if no amount is prescribed for this subparagraph—$10m including GST; (ii) before the contract for the sale of the lot is signed by the buyer of the lot, the buyer gives the seller of the lot, or if there is more than 1, any of the sellers, a notice waiving compliance with section 99 . - (i) the sale price under the contract is more than— (A) the amount prescribed by regulation for this subparagraph; or (B) if no amount is prescribed for this subparagraph—$10m including GST; - (A) the amount prescribed by regulation for this subparagraph; or - (B) if no amount is prescribed for this subparagraph—$10m including GST; - (ii) before the contract for the sale of the lot is signed by the buyer of the lot, the buyer gives the seller of the lot, or if there is more than 1, any of the sellers, a notice waiving compliance with section 99 . - (i) the buyer of the lot and the seller of the lot are related, or if there is more than 1, all of the buyers and all of the sellers are related; - (ii) before the buyer of the lot signs the contract for the sale of the lot, the buyer gives the seller of the lot, or if there is more than 1, any of the sellers, a notice waiving compliance with section 99 ; or - (i) the State, the Commonwealth or another State; or - (ii) a local government or a local government, however described, of another State; or - (iii) a constructing authority under the Acquisition of Land Act 1967 ; or - (iv) a statutory body; or - (v) a listed corporation; or - (vi) a subsidiary of a listed corporation; or - (i) the contract gives effect to the exercise of a power under the City of Brisbane Act 2010 or the Local Government Act 2009 to sell land to recover overdue rates or charges; and - (ii) before the contract for the sale of the lot is signed by the buyer of the lot, the seller gives the buyer, or if there is more than 1, any of the buyers, a notice stating that— (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and (B) the seller is not required to comply with section 99 ; or - (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and - (B) the seller is not required to comply with section 99 ; or - (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and - (B) the seller is not required to comply with section 99 ; or - (i) the buyer of the lot was a tenant of the lot for at least 3 years immediately before entering the contract; and - (ii) before the contract for the sale of the lot is signed by the buyer of the lot, the seller gives the buyer, or if there is more than 1, any of the buyers, a notice stating that— (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and (B) the seller is not required to comply with section 99 ; or - (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and - (B) the seller is not required to comply with section 99 ; or - (A) the buyer needs to make the buyer’s own enquiries about matters affecting the property; and - (B) the seller is not required to comply with section 99 ; or - (i) a court order; or - (ii) an enforcement warrant under the Supreme Court of Queensland Act 1991 ; or - (iii) a financial agreement or a part VIIIAB financial agreement under the Family Law Act 1975 (Cwlth) ; or - (i) the transmission of an interest in the lot, because of the death of an owner of the lot, to the owner’s personal representative; or - (ii) the transfer or transmission of an interest in the lot, because of the death of an owner of the lot, to a person under the owner’s will, the rules of intestacy or a court order under the Succession Act 1981 , part 4 ; or - (i) the contract for the sale of the lot arises from the exercise of an option for the sale of the lot; - (ii) the buyer under the contract for the sale of the lot and the option for the sale of the lot are the same; - (iii) the seller of the lot complied with section 99 in relation to the option for the sale of the lot; or - (i) the sale price under the contract is more than— (A) the amount prescribed by regulation for this subparagraph; or (B) if no amount is prescribed for this subparagraph—$10m including GST; - (A) the amount prescribed by regulation for this subparagraph; or - (B) if no amount is prescribed for this subparagraph—$10m including GST; - (ii) before the contract for the sale of the lot is signed by the buyer of the lot, the buyer gives the seller of the lot, or if there is more than 1, any of the sellers, a notice waiving compliance with section 99 . - (A) the amount prescribed by regulation for this subparagraph; or - (B) if no amount is prescribed for this subparagraph—$10m including GST;